The Palatka daily news. (Palatka, Fla.) 1884-1888, 1887-05-11

The President Agrees with senator Call
a Pointed Decision.
EXECUTIVE MANSION.
WASHINGTON. ID. c.. April IS.

ID. C:
DEAR SIR have examined with
much care and interest the questions in
volved in the conflicting claims of Gull
ford Miller and the Northern Pacific
Railroad Company To certain public
lands in Washington Territory. The
legal aspects of the case have been ex-
amined and passed upon by several Off
GERS of the Government who do not
agree in their conclusions.
Miller claims to be settler upon the
land in question. whose possession dated
from 1878. He alleges that he has made
substantial improvements upon this land
and cultivated the same, and it appears
that he filed his claim to the same under
the homestead law on the Goth day of
December, 1884.
The railroad company contends that
this land is within the territory or area
from which ii was entitled to select such
a quantity of public land as might be
necessary To supply any deficiency that
shall be found To exist in the specified
land mentioned In a grant by the Gov
eminent to said company in aid of the
construction of its rOad-such deficiency
being contemplated as likely To arise
from the paramount right of private
parties and settlers within the Territory
embracing said granted lands-and that
the land i'll dispute was thus selected by
the company on the 18th day of Decem-
Der, 1883.
A large tract, including this land. was
withdrawn by an order of the Interior
Department from sale and from pre-
emption and homestead entry in 1872. in
anticipation of the construction of said
railroads and deficiency in its granted
lands. In 1880, upon the filing of "A map
of definite location, the land in contro-
| versy, and much more which had been
so withdrawn. was found To lie outside OF
the limit which included the granted
land: but its withdrawal and reservation
from settlement and entry under our
land laws was continued. upon the theory
that it was within the limits of indem-
| nifty lands which might be selected by
the company, as provided i'll the law
| making the grant.
The legal points in the controversy
| turned upon the validity and effect of
| the withdrawal and reservation of this
| land and the continuance thereof. The
Attorney General Is of the opinion that
such withdrawal and reservation were ut
| all times effectual. and that they oper-
| ated to prevent Miller from acquiring
| any interest in or right To the land
| claimed by him.
| With this Interpretation of the law
| and the former orders and action of the
| Interior Department, 1t Will be seen
| that their effect has been the wit hdrawal
| and reservation since 1872 of thousands,
| If not millions, of acres of these lands
| from the operation of the land laws oi
| the United States, thus placing them
| beyond the reach of our citizens. deSir-
1 in, r1nHar smell, laws tn SaftI.1 and L.
homes upon the same. and that this has
| been done for the benefit of a railroad
| company having no fixed, certain Oh
| definite interests in such lands. In this
manner the beneficent policy and inten-
| ton of the Government inrelation to the
| public domain have for all these years,
| to that extent, been thwarted. There
| seems To De no evidence presented show
| ing how much. if any, of this vast tract
| is necessary for the fulfillment of ii g
| grant to the railroad company. nor does
there appear To be any limitation of the
| title within which this fact should he
| made known and the corporations
/ Obliged To make its selection. After a
| lapse of fifteen years this large body OF
i the public domain IL still held in reserve
/ to the exclusion of settlers. for the con
| yenience of "A corporation beneficiary OF
/ the Government and awaiting its selec-
/ ton. though il is entirely certain that
much of this reserved land can never he
/ honestly claimed by said corporation.
Such condition of the public lands
| should no longer continue. So far as il
/ Is the result of executive rules and
methods these should be abandoned, and
SO far as il is consequent of IMPROVE
| dent laws these should he repealed oI
amended. Our public domain is our
national wealth, the earnest of our
/ growth and the heritage of our people
| In the case under consideration, l as
| sumo that there is an abundance of land
| within the area which has been reserved
| for indemnity, in which no citizen Oh
| settler has a legal or equitable interest
| for all purposes of such decentralization
| to this railroad company, if its grant has
/ not already been satisfied. L understand
too. that selections made by such cor
poratiOn are not complete and effectual
| until the same have been approved by
| the Secretary of the Interior, or unless
| they are made in the words of the statute
| under his direction.
You have thus far taken no action in
| this matter; and it seems To me that you
are i'm a condition to deal with the sub
| lect in such manner as to protect this
| settler from har,iships and loss.
| transmit herewith the papers ana
| documents relating to the case. which
| were submitted to me at my request
| suggest that you exercise the power
| and authority you have in the premises
| upon equitable considerations, with ev.
| cry presumption and intendment in favor
| of the settler, and in case you find thu
| corporation is entitled to select any more
| of these lands than it has already ac
| quired, that you direct it to select, in
| lieu of the land upon which Mr.. Miller
has settled, other land within the limits
| of this indemnity reservation, upon
which neither he nor any other citizen
| has in good faith settled or made i'm
provements-
Icall YOUR attention To sections 2ijO ana
| 2i5l of the revised Statutes of the United
| States pointing out mode of proceed
ure which may perhaps be resorted to il
necessary for the purpose of reaching 9
just and equitable disposition Of tn,
| case.
The suggestion herein contained, can
i believe, be adopted without disregard
| ing or calling in question the opinion O
| the Attorney General upon the purel,
| legal propositions which We're submittet
| to him. Yours very truly.
| GROVER CLEVELAND.
L